Citizens will gain more rights and reduce their dependence on guardians
At a meeting of the Committee of the Jogorku Kenesh on issues of the judicial system, law enforcement, and combating corruption, a draft law presented by deputy Dastan Bekeshev was approved in the second reading. This document amends the rules for recognizing citizens as incapacitated and simplifies the process of restoring their rights.
The main goal of this draft law is to create a more humane and fair system. Currently, if a person is declared incapacitated, this decision remains in effect indefinitely. Even if their health improves, such a person cannot independently appeal to the court and is completely dependent on their guardian, which leads to prolonged status as incapacitated.
According to the new draft law, a citizen will be able to independently file a petition in court to review their status if they feel an improvement. If they are unable to do this on their own, their interests can be represented by a designated representative.
Furthermore, the draft law introduces an important innovation: three years after the incapacitation decision is made, the status will be automatically reviewed if there are no grounds for its extension. This will help avoid situations where a person who is actually healthy continues to be considered incapacitated.
It is also stipulated that citizens recognized as incapacitated will be able to carry out simple everyday transactions, similar to the rights of children under 14 years old, such as purchasing necessary goods. This will give them greater independence and help them gradually integrate into normal life.
The draft law also includes provisions for regular reassessment of citizens' health status to account for changes and prevent possible abuses by guardians.
The initiatives proposed in the draft law fully comply with the UN Convention on the Rights of Persons with Disabilities and aim to ensure the active participation of individuals in society, depending on their condition.
